TORT REFORM ESSENTIAL FOR GOOD BILL

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TORT REFORM MUST BE ADDED TO THE BILL

Finally, the founder of the Democratic leadership Council, Al From,in a Wall Street editorial, asks for measures to limit abuses in malpractice suits, (which Republicans have long called for). This should garner the 60 votes necessary to pass the Senate, and achieve most of what liberals have long fought for. Open-minded Republicans might even find this hard to resist.

HOW DOCTORS THINK

Doctors would be ordering fewer unneeded tests, and save taxpayers billions of dollars, if a limit on medical malpractice suits would be placed. Over $41 billion over 10 years would be saved if limits on awards for pain and suffering were enacted.

If doctors are forced to limit medical tests and treatments, our trial of trial lawyers will have a feast. A failure to test for a medical problem is tantamount to malpractice. We will find patients being bounced around from doctor to doctor to dilute any medical liability. In conclusion, the solution is for arbitration boards to pay patients who have suffered from malpractice, and eliminate trial lawyers from gobbling 60% of any settlement. It's too bad, the press and media are silent on this important issue.

NO DISCUSSION ABOUT MEDICAL LAWSUITS

If defensive medicine could be eliminated we could save over $200 billion each year.

Since the trial lawyers are the largest contributors to the Democratic Party, and thrive on this unreliable justice system, our congressional lawyers until now have refused to even consider this issue.

CONGRESS BLACKMAILED BY TRIAL LAWYERS

Very simply stated, a few thousand trial lawyers are blocking reform that would benefit all of us 300 million Americans.

Trial lawyers see firsthand the effects medical errors have on patients and their families. These injured people must be protected.

All of America wants its legal overhaul. Congress now realizes it can't completely ignore legal reform. Big pronouncements and token proposals have been issued, but all specific ideas are avoided.

Rep. Gordon (Dem.) proposed an amendment to fund pilot projects for liability reform, including possible voluntary alternative dispute resolution. What happened to this proposed amendment? They were all crossed out due to the agreement with the trial lawyers.

Howard Dean quoted the recent tort reform is not in the bill is because the people who wrote it did not want to take on the trial lawyers -- is the plain and simple truth.

THE SAVINGS ARE ENORMOUS

These savings are 10 times greater than the CBO estimated last year. In a reversal, CBO Dir. Elmendorf, explained the agencies shift. He acknowledged what doctors have been saying for years. Fear of being sued, leads doctors to practice defensive medicine. A doctor will order a $1500 MRI for a patient with back pain instead of a simple $250 X-ray, just to cover himself against the chance, he will be accused later of having missed a cancerous tumor. There has been no mention of tort control by the lawyers in either the house or senate committee bill, until Al From's editorial in the WSJ Oct. 16.

DOCTORS AND TORT REFORM

Tort reform is essential for any solution to our health plan stalemate. If doctors are forced to limit medical tests and treatments, our trial of trial lawyers will have a feast. A failure to test for a medical problem is tantamount to malpractice. We will find patients being bounced around from doctor to doctor to dilute any medical liability.

Medical testing reduces their chances of medical liability in case of a legal problem. The prosecuting attorney notes that any failure in obtaining a test that might have saved a patient from a medical problem is malpractice.

WHERE ARE THE VOTES?

A health bill can be pushed through the Senate without Republicans. but 60 votes are needed. The Senate might use a seldom-used rule called re-conciliation where it can pass anything with 50 votes. The Senate would need 60 votes to break a potential Republican filibuster. In theory they have the 60 votes to stop a filibuster.

COMMENTARY

With an election year coming up, a decision has to be made whether Democrats want to build or really want an issue to fight the Republicans. With an election coming up in 14 months, this may not be the time to call for a vote.

Both sides want issues to take back to their constituents. The Democrats must quell the present anger over health reform, if they want to avoid the risk of losing seats and their majority.

Some Democrats, as Al From, (founder of the Democratic leadership Council,) in a WSJ editorial, 10.16.09) want to push the reset button and look at this malpractice reform with fresh sets of eyes.

It seems the elderly see what is going on in an attempt to limit their access to health care. They know it will cost them more, and they oppose this bill.

This bill ignores tort reform by both the media and the White House. Everyone seems to refuse to challenge the trial lawyers, and consequently there has been no discussion of tort reform in this bill.

The present health care plan is not clear, and has a secret language that no one understands. For a bill to be passed, it must be simple and clear. When you hear it, you must understand it, and should be able to explain it to others. Retired workers receive a public pension to help them through old age. It is called Medicare. We the taxpayers fund this bill for people over 65. People who have no money and can’t support themselves deserve help until they get them back on their feet.

Since we don't understands this stuff, and don't know what the words mean, we say to ourselves: “I may not understand this but my honest government sure does, and I know they're going to treat me with kindness and respect. But since I can't understand what they're talking about, they must be trying to confuse me, and so I will not support such a plan”.

It has been a grave mistake to not discuss tort reform legislation in this bill. It has allowed Republicans to divert attention away from the reforms most American want and instead focus on what Americans disagree on. Giving malpractice reform will refocus the attention on enormous financial savings

The American people will hold Democrats accountable for the outcome of this health debate. The president's approval ratings, with a double-digit lead in the past, on the recent generic ballot poll showed that Democrats are essentially in a dead heat with Republicans on the on the ballot. There is a nearly 20% drop in Democratic support since the last elections among independents. The lack of tort reform could cost many blue dogs in the house and red state moderates in the Senate to lose their seats in the 2010 elections.

The Senate Finance Committee showed a public option is unnecessary to expand coverage. Dropping public option from the plan would win support of most centrist Democrats, and adding tort reform will add moderate Republican votes for the plan.

Health reform needs broad support. It's too controversial and too important for Congress to ignore tort reform. In the past civil rights legislation and Medicare in the 60s always passed with bipartisan majorities. Health care reform should be no exception. Tort reform is essential to make this bill succeed.

What do you think? Visit www.drneedles.com for more dicussion of pertinent controversial medical issues. Everyone must learn how to read between the lines.
Source Wall Street Journal October 16, 2009